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12 April 2013 / Richard Scorer
Issue: 7555 / Categories: Features , Personal injury
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A fair cop?

scorer

Can police negligence be tackled under HRA 1998, asks Richard Scorer
 

“Metropolitan Police pays out over flawed rape investigation”: as The Guardian reported in December 2012, police failings in the investigation of a rape of a 15-year-old girl led to an out-of-court compensation payment by the police in a civil claim brought by the victim. The payment—made without admission of liability—concerned serious failings by the Met’s Sapphire sexual assault unit. In a report on the case, the Independent Police Complaints Commission had identified “a troubling picture of an inexperienced, overburdened police officer with inadequate supervision working in an under resourced unit”. Important mobile phone evidence which might have assisted a conviction was not secured; there was no search for forensic evidence at the crime scene. The suspect was charged but acquitted at trial. The trial judge called the police mistakes “a disgrace” and observed that the outcome of the trial might have been different if the matter had been “investigated properly”. The complainant sued and accepted £15,000 before the action came to trial.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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